Haw. Civ. Traff. R. 3

As amended through September 30, 2024
Rule 3 - Definitions
(a) Court. A district court of the circuit and district in which the civil infraction occurred or to which venue has been transferred pursuant to Rule 11(d) of the HCTR.
(b) Default Judgment. A judgment entered in favor of the State of Hawai'i when a defendant fails to answer or respond, either in person or in writing, to the notice of infraction within twenty-one (21) calendar days from the date the notice of infraction was issued.
(c) Defendant. The person charged with a civil infraction.
(d) Hearing. A proceeding conducted by the court pursuant to HRS § 291D-8 at which a defendant appears in person or in writing and either contests the civil infraction or admits the civil infraction but offers an explanation to mitigate the monetary assessment imposed.
(e) Infraction. Any violation of a statute, ordinance or rule, relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment.
(f) Issued. A notice of infraction is issued when it is handed to a person or left upon a motor vehicle.
(g) Judge. A duly appointed full time or per diem judge of the district court.
(h) Monetary Sanctions. Any amount of monetary assessments, costs, or fees, or any combination of them, imposed by the court for the defendant's commission of an infraction.
(i) Notice of Infraction. The form that is issued to the defendant at or after the time of the infraction and that notifies the defendant of the civil infraction(s) the defendant is charged with committing, whatever its title or denomination. The notice of infraction is commonly called a ticket or citation.
(j) Officer. Police or other person authorized by law to issue a notice of infraction.
(k) Stopper. A restriction placed:
(1) on a defendant's driver's license that prevents acquisition or renewal of a driver's license; or
(2) on a motor vehicle's registration that prevents issuance, renewal, or transfer of registration or title to the motor vehicle.
(l) Trial. An evidentiary proceeding, conducted by the court pursuant to HRS § 291D-13, the Hawai'i Rules of Penal Procedure and Rules of the District Court held after a contested hearing in which judgment in favor of the State was entered.
(m) Written Statement. A statement submitted to the court in lieu of appearing in person at a hearing on the notice of infraction to explain mitigating circumstances or contest the infraction; the defendant's answer to the notice of infraction. (Amended December 8, 2005, effective January 1, 2006.)

Haw. Civ. Traff. R. 3

Amended December 8, 2005, effective 1/1/2006.